Honolulu, HI Resolution

Resolution 03-168

AFFIRMING THE COMMITMENT OF THE CITY AND COUNTY OF HONOLULU TO THE CIVIL LIBERTIES AND PROTECTIONS GUARANTEED BY THE CONSTITUTIONS OF THE UNITED STATES AND THE STATE OF HAWAII.
WHEREAS, the terrorist attacks on the United States that occurred on September 11, 2001 were an atrocity that resulted in the deaths of several thousand innocent people; and

WHEREAS, although the federal government understandably and laudably reacted to the events of September 11th by taking numerous steps to increase security in America, the Council believes that some of the federal government's actions in this regard have gone so far as to contravene the civil liberties and protections of the Constitutions of the United States and of the State of Hawaii; and

WHEREAS, the Council is particularly sensitive to the dangers of the unbalanced pursuit of security without appropriate checks and balances due to our experience during World War II, when the federal government placed the Hawaiian Islands under martial law and suspended basic local governmental democratic processes; and

WHEREAS, an example of the federal government's overreach in the justifiable pursuit of security is the "Uniting and Strengthening America Act by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001," commonly referred to as the "USA Patriot Act," which the President signed into law on October 26, 2001; and

WHEREAS, the Council is concerned that the USA Patriot Act, as well as several federal executive orders, may unconstitutionally authorize the federal government to infringe upon fundamental liberties in violation of due process, the right to privacy, the right to counsel, protection against unreasonable searches and seizures (including but not limited to protection against government surveillance, investigation, detention and deportation undertaken without probable cause), as well as the basic First Amendment freedoms of speech and to peaceably assemble to petition the government for a redress of grievances; and

WHEREAS, the Council is further concerned that the USA Patriot Act and other actions taken by the federal government pose a threat to the civil liberties of the residents of the City, and may have a chilling effect on the exercise of free speech and democracy in Honolulu; and

WHEREAS, the Council finds that in 2003 the Twenty-Second Session of the Hawaii State Legislature adopted Senate Concurrent Resolution 18, which also expressed concerns with the Constitutional implications of the USA Patriot Act, and which resolution the Council wishes to endorse; now, therefore,

BE IT RESOLVED by the Council of the City and County of Honolulu that it urges the Hawaii Congressional Delegation to work to repeal any and all provisions of the USA Patriot Act and to work toward the supersession of recent executive orders that unduly limit or violate fundamental rights and liberties protected by the Constitutions of the United States and Hawaii; and

BE IT FURTHER RESOLVED that the Council declares that no City resources, including law enforcement funds, may be used for activities deemed unconstitutional by the State Attorney General or the City Corporation Counsel, including but not limited to the following:

1. The labeling and treatment of individuals or groups engaged in lawful civil disobedience and in petitioning the government for a redress of grievances as terrorists or as terrorist organizations solely on the basis of such activities;

2. The monitoring of political and religious gatherings and of individuals exercising their First Amendment rights;

3. The obtaining of records from libraries, bookstores, telephone companies, internet service providers, financial institutions, and medical providers and records of website visits without proper authorization and any necessary notification;

4. The requesting of nonconsensual releases of student and faculty records;

5. The eavesdropping on confidential communications between lawyers and their clients; and

6. The conducting of telephone taps, wiretaps or internet traces without probable cause, judicial approval and any necessary prior notice to the subject individual.

BE IT FINALLY RESOLVED that copies of this resolution be transmitted to Hawaii's Congressional Delegation, the Governor of the State of Hawaii, the Attorney General of the State of Hawaii, the Mayor of the City and County of Honolulu, the Corporation Counsel of the City and County of Honolulu, the Prosecuting Attorney and the Chief of Police.